Employment Cases Update

Kirby v Glasgow Caledonian University UKEATS/0021/18/JW

Date published: 04/12/2020

Appeal against the ET’s decision rejecting the Claimant’s claims relating to protected disclosures and constructive unfair dismissal. Appeal dismissed.

The Claimant presented a claim to the ET alleging that that he had suffered various detriments at the hands of the Respondent, and that he suffered these detriments because he had made disclosures to the Respondent about the conduct of a colleague; he also claimed disability discrimination. He subsequently resigned his employment and added a claim of constructive unfair dismissal. The ET rejected his claims, and the Claimant appealed the ET's decision on protected disclosure and unfair dismissal; he argued that the ET had erred in law in its interpretation of the protected disclosures, that it had wrongly rejected a large number of the alleged detriments, and that it had erred in its handling of causation and the burden of proof; in relation to the constructive unfair dismissal claim, he argued that the ET should have found various matters to be breaches of the obligation of trust and confidence.

The EAT held that the ET had not erred in law in its consideration of the protected disclosures, and that it had been correct to conclude that the reason for dismissal was the Claimant's conduct.

Read the full text of the judgment on BAILII or download the file by clicking the link below.